KRISHAN LAL, EX-CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) Plaintiff filed a suit for declaration to the effect that the order dated 2.2.1982 passed by the Senior Superintendent of Police dismissing him from service and affirmation of it by the Deputy Inspector General of Police vide order dated 21.9.1982 is illegal, ultra vires, null and void and thus in-operative on the rights of the plaintiff and so the plaintiff is entitled to consequential relief in the form of pay, seniority etc. from the department. As per averments made in the plaint the plaintiff was appointed as a Constable on 27.11.1965 by Additional Inspector General of Police, Punjab, Jalandhar Cantt. in Punjab Armed Police as a regular employee of the department. Later on he was brought on promotion list C-1 on 1.5.1966 and later on promoted as Head Constable by the Deputy Inspector General of Police on 15.6.1966. It so happened that he was reverted to the rank of Constable in 1980, and thereafter departmental enquiry was launched against him on the allegation that while he was deputed to bring the daily diary register in evidence in a case registered under section 302/34 of the Indian Penal Code, he after appearing in the Court on 28.7.1980 did not report to the police lines subsequently and so was marked absent. The plaintiff remained absent for 48 days and reported on 16.9.1980. An enquiry was held and finally the plaintiff was found to be guilty of the charges levelled. On appeal, the matter was again remitted by the appellate authority and the matter was once again examined and finally the Superintendent of Police passed an order of dismissal dated 2.2.1982. The appeal also met with the same fate which the plaintiff has now challenged stating these orders to be not in conformity with Rule 16.28 of the Punjab Police Rules.

(3.) Defendant put in appearance, filed written statement controverting the various material averments made in the plaint. On the pleadings of the parties following issues were framed :-